Legal Opinion · Concurrence
Kelley v. Metropolitan County Board of Education of Nashville & Davidson County, Tennessee
Court of Appeals for the Sixth Circuit
Decided May 30, 1972No. Nos. 71-1778, 71-1779Published
1ConcurrenceMcCREE, Circuit Judge
I agree with the majority opinion on the issues it discusses. Nevertheless, I wish to add a few observations concerning our reasons for rejecting plaintiffs’ cross-appeal and affirming for the present, the District Coui’t’s selection of the HEW plan.
The District Court, in deciding to reject plaintiffs’ plan, recognized that under Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971); Davis v. School Commissioners of Mobile County, 402 U.S. 33, 91 S.Ct. 1289, 28 L.Ed.2d 577 (1971); and Green v. County School Board of New Kent County, 391 U.S. 430,…
2Cases cited15 opinions
- Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
- Green v. County School Board of New Kent CountySupreme Court of the United States · 1968
- Davis v. Board of School Comm'rs of Mobile Cty.Supreme Court of the United States · 1971
- Donald Davis, Jr., a Minor by His Mother and Next Friend Mrs. Sadie Davis v. School District of the City of Pontiac, Inc.Court of Appeals for the Sixth Circuit · 1971
- Lee v. Macon County Board of EducationCourt of Appeals for the Fifth Circuit · 1971
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